The Works of the Right Honourable Edmund Burke Volume XII Part 6

You see, my Lords, the Directors had received every one of his false impressions. They had conceived an idea, that, after the rebellion of Cheyt Sing, (but not before, upon his own showing,) the Begums had shown a disposition to arm. They here a.s.sume a false fact, which Mr. Hastings stated in his representation of the business to them. They a.s.sume a variety of other false facts: they a.s.sume that the amount of the jaghires of the Begums were to be paid them in regular pensions; whereas they were totally confiscated, without any compensation at all. And yet, upon Mr. Hastings's own showing, they found the transaction to be so dishonorable to the British government, that they desire him to make inquiry into it, and give redress accordingly.

Here, then, is another order of the Company, another call upon Mr.

Hastings to examine to the bottom of this affair. The Directors, after giving him credit for that enormous ma.s.s of falsehoods which we have proved him to have stated in his Narrative, found themselves so utterly dissatisfied, that they gave this conditional order to restore the Begums to their jaghires. Your Lordships will find it in evidence upon your minutes, that he contumaciously disobeyed this order,--that he would not consent to the propositions of the Council for inquiring into the conduct of these injured women, but stifled every attempt that was made by others to do them justice. And yet he here has the effrontery to propose that your Lordships should inquire into the business at your bar,--that you should investigate a matter here which he refused to inquire into on the spot, though expressly ordered by his masters so to do.

I will now read to your Lordships a short extract from his own narrative of his own proceedings. It begins with reciting part of a note entered by Mr. Macpherson in the Consultations of the Council, at the time when the orders of the Court of Directors which I have just alluded to were taken into consideration.

"What the Court of Directors seem to have most at heart are, first, that the engagement of the second article of the Benares treaty should be faithfully fulfilled,--and, secondly, to guard against the future misconduct of the Vizier, if he should be disposed to oppress the Begums; that we should therefore ascertain whether the amount of the jaghires of the Begums is regularly paid to them through the Company's Resident, and give them notice that no future demands shall be made upon them. This the Governor-General might, I think, do in a letter that would make the Begums sensible of their past misconduct, yet inform them of the lenity and gracious intentions of the Company, in ordering them an asylum in Bengal, in case of future distress."

In consequence of the foregoing opinion from Mr. Macpherson, the following minute was delivered by the Governor-General.

"I should gladly acquiesce in the motion made by Mr. Macpherson, if I thought it possible to frame a letter to the Begums in any terms which should at the same time convey the intimation proposed by it and not defeat the purpose of it, or be productive of evils greater than any which exist in consequence of the proceedings which have already taken place, and which time has almost obliterated. The orders of the Court of Directors are conditional; they require nothing, but in the event of discoveries made subsequent to the advices which were before you on the 14th February last, in alleviation of the former conduct of the Begums.

Nothing has since appeared in relation to them, but their refusal, or rather that of one, to fulfil her engagements for the payment of the remainder of the sum exacted from her by the Nabob Vizier in the beginning of last year. Whatever obedience may be due to the clear ascertained spirit of the orders of the Court of Directors, this obligation cannot extend to points to which neither the letter nor evident spirit of their orders apply. If I am rightly informed, the Nabob Vizier and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it. It will be to little purpose to tell them that their conduct has, in our estimation of it, been very wrong, and at the same time to announce to them the orders of our superiors, which more than indicate the reverse. They will instantly take fire on such a declaration, proclaim the judgment of the Company in their favor, demand a reparation of the acts which they will construe wrongs with such a sentence warranting that construction,--and either accept the invitation, to the proclaimed scandal of the Vizier, which will not add to the credit of our government, or remain in his dominions, but not under his authority, to add to his vexations and the disorders of the country, by continual intrigues and seditions. Enough already exists to affect his peace, and the quiet of his people; if we cannot heal, let us not inflame the wounds which have been inflicted.

"If the Begums think themselves aggrieved to such a degree as to justify them in an appeal to a foreign jurisdiction,--to appeal to it against a man standing in the relation of son and grandson to them,--to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs,--let us at least permit them to be the judges of their own feelings, and prefer their complaints before we offer to redress them: they will not need to be prompted. I hope I shall not depart from the simplicity of official language, in saying, that the majesty of justice ought to be approached with solicitation, not descend to provoke or invite it, much less to debase itself by the suggestion of wrongs and the promise of redress, with the denunciation of punishment before trial, and even before accusation."

My Lords, if, since the beginning of the world, such a paper as this was ever before written by a person standing in the relation of a servant to his master, I shall allow that every word we have said to your Lordships upon this occasion to mark his guilt ought to be expunged from your minutes and from our charges.

Before I proceed to make any observations upon this act of open rebellion against his superiors, I must beg your Lordships to remark the cruelty of purpose, the hostile feeling, towards these injured women, which were displayed in this daring defiance. Your Lordships will find that he never is a rebel to one party without being a tyrant to some others; that _rebel_ and _tyrant_ are correlative terms, when applied to him, and that they constantly go together.

It is suggested by the Directors, that the Nabob is the persecutor, the oppressor, and that Mr. Hastings is the person who is to redress the wrong. But here they have mistaken the matter totally. For we have proved to your Lordships that Mr. Hastings was the princ.i.p.al in the persecution, and that the Nabob was only an instrument. "If I am rightly informed," he says, "the Nabob and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it." What animosities had they towards each other? None that we know of. Mr. Hastings gets the Nabob to rob his mother; and then he supposes, contrary to truth, contrary to fact, contrary to everything your Lordships have heard, that the Nabob would fall into a fury, if his mother was to obtain any redress,--and that, if the least inquiry into this business was made, it would create a flame in the Nabob's mind, on account of the active, energetic, spirited part he had taken in these transactions.

"Therefore," says he, "oh, for G.o.d's sake, soothe the matter! It is a green wound; don't uncover it; do nothing to irritate. It will be to little purpose to tell them that their conduct has in our estimation of it been very wrong, and at the same time announce to them the orders of our superiors, which more than indicate the reverse." Now, my Lords, to what does all this amount? "First," says he, "I will not do them justice,--I will not enter upon an inquiry into their wrongs." Why?

"Because they charge us with having inflicted them." Then, surely, for that reason, you ought to commence an inquiry. "No," says he, "that would be telling them that our superiors suspect we are in the wrong."

But when his superiors more than indicated suspicions, was he not bound tenfold to make that inquiry, for his honor and for their satisfaction, which they direct him to make? No, he will not do it, "because," says he, "the Begums would either accept the offer of an asylum in the Company's territories, to the proclaimed scandal of the Vizier, which would not add to the credit of our government, or they would remain in his dominions, but not under his authority, to add to his vexations, and the disorders of the country, by continual intrigues and seditions."

You see, my Lords, this man is constantly thrusting this peaceable Nabob before him; goading and pushing him on, as if with a bayonet behind, to the commission of everything that is base and dishonorable. You have him here declaring that he will not satisfy the Directors, his masters, in their inquiries about those acts, for fear of the Nabob's taking umbrage, and getting into a flame with his mother,--and for fear the mother, supported by the opinion of the Directors, should be induced to resent her wrongs. What, I say, does all this amount to? It amounts to this:--"The Begums accuse me of doing them injustice; the Directors indicate a suspicion that they have been injured; therefore I will not inquire into the matter." Why? "Because it may raise disturbances." But what disturbance could it raise? The mother is disarmed, and could not hurt the Nabob. All her landed estates he knew were confiscated; he knew all her money was in his own possession; he knew she had not the means, if she had been disposed, to create intrigues and cabals;--what disturbance, then, could be created by his sending a letter to know what she had to say upon the subject of her wrongs?

"_If_" says he, "_the Begums think themselves aggrieved._" Observe, my Lords, that the inst.i.tution of an inquiry is no measure of the Begums; it is an order of the Court of Directors, made by them upon his own representation of his own case, and upon nothing else. The Begums did not dare to murmur; they did not dare to ask for redress, G.o.d knows the poor creatures were, at or about the time, his prisoners,--robbed,--stripped of everything,--without hope and without resource. But the Directors, doing their duty upon that occasion, did condemn him upon his own false representations contained in that bundle of affidavits upon which his counsel now contend that your Lordships should acquit him.--"But," says he, "are they to _appeal to a foreign jurisdiction_?" When these women were to be robbed, we were not foreigners to them; on the contrary, we adjudged them guilty of rebellion. We sent an English chief-justice to collect materials of accusation against them. We sent English officers to take their money.

The whole was an English transaction. When wrong is to be done, we have then an interest in the country to justify our acting in it; but when the question is of redressing wrongs, when the question is of doing justice, when the question is of inquiry, when the question is of hearing complaints, then it is a foreign jurisdiction. You are to suffer Mr. Hastings--to make it foreign, or to make it domestic, just as it answers his purposes.--But they are "_to appeal against a man standing in the relation of son and grandson to them, and to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs_." Why, my Lords, if he allows that he is the abettor of, and the instrument to which the Directors impute these wrongs, why, I ask, does he, with those charges lying upon him, object to all inquiry in the manner you have seen?

But the Company's Governor is, it seems, all at once transformed into a great sovereign;--"_the majesty of justice ought to be approached with solicitation_." Here, my Lords, he forgets at once the Court of Directors, he forgets the laws of England, he forgets the act of Parliament, he forgets that any obedience is due to his superiors. The Begums were to approach him by the orders of the Court of Directors; he sets at nought these orders, and a.s.serts that he must be approached with solicitations.

"_Time_," says he, "_has obliterated their sufferings._" Oh, what a balm of oblivion time spreads over the wrongs, wounds, and afflictions of others, in the mind of the person who inflicts those wrongs and oppressions! The oppressor soon forgets. This robbery took place in 17[81]; it was in the year 1783 when he a.s.serted that the waters of Lethe had been poured over all their wrongs and oppressions. Your Lordships will mark this insulting language, when he says that both the order of the Directors and the application of the Begums for redress must be _solicitations to him_.

[Here Mr. Burke was interrupted by Mr. Hastings, who said, "My Lords, there was no order. I find a man's patience may be exhausted. I hear so many falsehoods, that I must declare there was no order of the Court of Directors. Forgive me, my Lords. He may say what he pleases; I will not again controvert it. But there is no order; if there is, read it." Mr. Burke then proceeded.]

Judge you, my Lords, what the insolence, audacity, and cruelty of this man must have been, from his want of patience in his present situation, and when he dares to hold this language here. Your Lordships will reckon with him for it, or the world will reckon with you.

[Mr. Hastings here again interrupted Mr. Burke, and said, "There was no order for inquiry."]

_Mr. Burke._--Your Lordships have heard the letter read,--I mean the letter from the Directors, which I read just now. You will judge whether it is an order or not. I did hope within these two days to put an end to this business; but when your Lordships hear us charged with direct falsehood at your bar, when you hear this wicked wretch who is before you--

[_From a Lord._--Order! order! order!]

_Mr. Burke._--Order, my Lords, we call for, in the name of the Commons!

Your Lordships have heard us accused at your bar of falsehood, after we had read the order upon which our a.s.sertion was founded. This man, whom we have described as the scourge and terror of India, this man gets up, and charges us, not with a mistake, an error, a wrong construction, but a direct falsehood,--and adds, that his patience is worn out with the falsehood he hears. This is not an English court of justice, if such a thing is permitted. We beg leave to retire, and take instructions from our const.i.tuents. He ought to be sent to Bridewell for going on in this manner.

[_Mr. Wyndham here read the letter again._]

_Mr. Burke._--With regard to the ravings of this unhappy man, I am sure, if I were only considering what pa.s.sed from him to the Managers in this box, and knowing what allowance is due to a wounded conscience, brought before an awful tribunal, and smarting under the impressions of its own guilt, I would pa.s.s them over. But, my Lords, we have the honor of the Commons, we have the honor of this court to sustain. [Your Lordships, the other day, for an offence committed against a constable, who was keeping the way under your orders, did, very justly, and to the great satisfaction of the public, commit the party to Bridewell, for a much slighter insult against the honor and dignify of your court.] And I leave it, therefore, for the present, till your Lordships can seriously consider what the mode of proceeding in this matter ought to be.--I now proceed.

We have read to your Lordships the orders of the Court of Directors: I again say we consider them as orders: your Lordships are as good judges of the propriety of the term as we are. You have heard them read; you have also heard that the Council at Calcutta considered them as orders, for resolutions were moved upon them; and Mr. Stables, in evidence before you here, who was one of the Council, so considered them: and yet this man has the frantic audacity in this place to a.s.sert that they were not orders, and to declare that he cannot stand the repet.i.tion of such abominable falsehoods as are perpetually urged against him. We cannot conceive that your Lordships will suffer this; and if you do, I promise you the Commons will not suffer the justice of the country to be trifled with and insulted in this manner: because, if such conduct be suffered by your Lordships, they must say that very disagreeable consequences will ensue, and very disagreeable inferences will be drawn by the public concerning it. You will forgive, and we know how to forgive, the ravings of people smarting under a conscious sense of their guilt. But when we are reading doc.u.ments given in evidence, and are commenting upon them, the use of this kind of language really deserves your Lordships'

consideration. As for us, we regard it no more than we should other noise and brawlings of criminals who in irons may be led through the streets, raving at the magistrate that has committed them. We consider him as a poor, miserable man, railing at his accusers: it is natural he should fall into all these frantic ravings, but it is not fit or natural that the Court should indulge him in them. Your Lordships shall now hear in what sense Mr. Wheler and Mr. Stables, two other members of the Council, understood this letter.

Mr. Wheler thus writes.--"It always has been and always will be my wish to conform implicitly to the orders of the Court of Directors, and I trust that the opinion which I shall give upon that part of the Court's letter which is now before us will not be taken up against its meaning, as going to a breach of them. The orders at present under the board's consideration are entirely provisional. Nothing has pa.s.sed since the conclusion of the agreement made by the Governor-General with the Vizier at Chunar which induces me to alter the opinion which I before held, as well from the Governor-General's reports to this board as the opinions which I have heard of many individuals totally unconcerned in the subject, that the Begums at Fyzabad did take a hostile part against the Company during the disturbances in Benares; and I am impressed with a conviction that the conduct of the Begums did not proceed entirely from motives of self-defence. But as the Court of Directors appear to be of a different opinion, and conceive that there ought to be stronger proofs of the defection of the Begums than have been laid before them, I think, that, before we decide on their orders, the late and present Resident at the Vizier's court, and the commanding officers in the Vizier's country, ought to be required to collect and lay before the board all the information they can obtain with respect to the defection of the Begums during the troubles in Benares, and their present disposition to the Company."

Mr. Stables, September 9th, 1783, writes thus.--"The Court of Directors, by their letter of the 14th February, 1783, seem not to be satisfied that the disaffection of the Begums to this government is sufficiently proved by the evidence before them. I therefore think that the late and present Resident and commanding officers in the Vizier's country at the time should be called upon to collect what further information they can on this subject, in which the honor and dignity of this government is so materially concerned, that such information may be immediately transmitted to the Court of Directors."

When questioned upon this subject at your Lordships' bar, he gives this evidence.--"_Q._ What was your motive for proposing that investigation?--_A._ A letter from the Court of Directors; I conceived it to be ordered by them.--_Q._ Did you conceive the letter of the Court of Directors positively to direct that inquiry?--_A._ I did so certainly at the time, and I beg to refer to the minutes which expressed it."--A question was put to the same witness by a n.o.ble lord. "_Q._ The witness has stated, that at the time he has mentioned he conceived the letter from the Court of Directors to order an inquiry, and that it was upon that opinion that he regulated his conduct, and his proposal for such inquiry. I wish to know whether the expression, '_at the time_,' was merely casual, or am I to understand from it that the witness has altered his opinion of the intention of this letter since that time?--_A._ I certainly retain that opinion, and I wished the inquiry to go on."

My Lords, you see that his colleagues so understood it; you see that we so understood it; and still you have heard the prisoner, after charging us with falsehood, insultingly tell us we may go on as we please, we may go on in our own way. If your Lordships think that it was not a positive order, which Mr. Hastings was bound to obey, you will acquit him of the breach of it. But it is a most singular thing, among all the astonishing circ.u.mstances of this case, that this man, who has heard from the beginning to the end of his trial breaches of the Company's orders constantly charged upon him,--(nay, I will venture to say, that there is not a single step that we have taken in this prosecution, or in observations upon evidence, in which we have not charged him with an avowed direct breach of the Company's order,--you have heard it ten times this day,--in his defence before the Commons he declares he did intentionally, in naming Mr. Markham, break the Company's orders,)--it is singular, I say, that this man should now pretend to be so sore upon this point. What is it now that makes him break through all the rules of common decency and common propriety, and show all the burnings of guilt, upon being accused of the breach of one of the innumerable orders which he has broken, of which he has avowed the breaking, and attempted to justify himself a thousand times in the Company's books for having broken?

My Lords, one of his own body, one of the Council, has sworn at your bar what he repeatedly declared to be his sense of it. We consider it as one of the strongest orders that can be given, because the reason of the order is added to it: the Directors declaring, that, if it should not be found upon inquiry, (you see, my Lords, it puts the very case,)--"if you do not find such and such things, we shall consider the English honor wounded and stained, and we direct you to make reparation." There are, in fact, two orders contained in this letter, which we take to be equally strong and positive,--and we charge him with the breach of both: namely, the order for inquiry, and the conditional order of restoring to the Begums their jaghires, or making satisfaction for them; and in case of any apprehension of reluctance in the Nabob, to bring them for security into the Company's territories. The two last positive orders are preceded by the supposition of an inquiry which was to justify him either in the acts he had done or to justify him in making rest.i.tution.

He did neither the one nor the other. We aver that he disobeyed all these orders. And now let his impatience break out again.

Your Lordships have seen, amongst the various pretences by which this man has endeavored to justify his various delinquencies, that of fearing to offend the Nabob by the restoration of their jaghires to the Begums is one. Your Lordships will form your own judgment of the truth or falsehood of this pretence, when you shall have heard the letter which I shall now read to you, written to Mr. Hastings by the Nabob himself.

_Letter from the Nabob Vizier to Mr. Hastings, 25th February, 1782._

"You performed on every occasion towards me whatever was becoming of friendship: I, too, have done whatever affection required and you commanded; and in future also, whatever may be your pleasure, there shall be no deviation therefrom, because whatever you direct is altogether for my benefit. The business for which I came to Fyzabad is become settled by your favor: particulars will become known to your wisdom from the writings of Mr. Middleton. I am grateful for your favors. If in these matters you sincerely approve me, communicate it, for it will be a comfort to me. Having appointed my own aumils to the jaghire of the lady mother, I have engaged to pay her cash. She has complied with my views. Her pleasure is, that, after receiving an engagement, he should deliver up the jaghires. What is your pleasure in this matter? If you command, it will comfort the lady mother giving her back the jaghire after I have obtained my views; or I will have it under my aumil. I am obedient to your pleasure."

Your Lordships here see the Begum a suppliant to have her jaghire restored, (after entering into some engagement that might have been required of her,) and the Nabob, in a tone equally suppliant, expressing his consent, at least, that her request should be complied with, if the command of Mr. Hastings could be procured.

My Lords, in order to save your Lordships' time, and that I might not overload this business, I did not intend to have troubled you with any observations upon this part of it; but the charge of falsehood which the prisoner at your bar has had the audacity to bring against us has induced me to lay it more particularly before, you. We have now done with it; but before we retire, your Lordships will permit me to recapitulate briefly the substance of what has now been urged respecting his conduct towards these miserable women. We accuse him of reiterated breaches of the orders of the Court of Directors, both in the letter and spirit of them, and of his contempt of the opinions which his colleagues in office had formed of them. We charge him with the aggravation of these delinquencies, by the oppression and ruin which they brought upon the family of the Nabob, by the infraction of treaties, and by the disrepute which in his person was sustained by the government he represented, and by the stain left upon the justice, honor, and good faith of the English nation. We charge him with their farther aggravation by sundry false pretences alleged by him in justification of this conduct, the pretended reluctance of the Nabob, the fear of offending him, the suggestion of the Begums having forgotten and forgiven the wrongs they had suffered, and of the danger of reviving their discontent by any attempt to redress them, and by his insolent language, that the majesty of justice with which he impudently invests himself was only to be approached with solicitation. We have farther stated, that the pretence that he was only concerned in this business as an accessary is equally false; it being, on the contrary, notorious, that the Nabob was the accessary, forced into the service, and a mere instrument in his hands, and that he and Sir Elijah Impey (whose employment in this business we stated as a farther aggravation) were the authors and princ.i.p.al agents. And we farther contend, that each of these aggravations and pretences is itself, in fact and in its principle, a substantive crime.

Your Lordships witnessed the insolence with which this man, stung to the quick by the recital of his crime, interrupted me; and you heard his recrimination of falsehood against us. We again avouch the truth of all and every word we have uttered, and the validity of every proof with which we have supported them. Let his impatience, I say, now again burst forth,--he who feels so sensibly everything that touches him, and yet seeks for an act of indemnity for his own atrocities, by endeavoring to make you believe that the wrongs of a desolated family are within one year forgotten by them, and buried in oblivion.

I trust, my Lords, that both his prosecutors and his judges will evince that patience which the criminal wants. Justice is not to wait to have its majesty approached with solicitation. We see that throne in which resides invisibly, but virtually, the majesty of England; we see your Lordships representing, in succession, the juridical authority in the highest court in this kingdom: but we do not approach you with solicitation; we make it a pet.i.tion of right; we claim it; we demand it.

The right of seeking redress is not suppliant, even before the majesty of England; it comes boldly forward, and never thinks it offends its sovereign by claiming what is the right of all his people.

We have now done with this business: a business as atrocious as any that is known in the history of mankind; a business that has stained, throughout all Asia, the British character, and by which our fame for honor, integrity, and public faith has been forfeited; a business which has introduced us throughout that country as breakers of faith, destroyers of treaties, plunderers of the weak and unprotected, and has dishonored and will forever dishonor the British name. Your Lordships have had all this in evidence. You have seen in what manner the Nabob, his country, his revenues, his subjects, his mother, his family, his n.o.bility, and all their fortunes, real and personal, have been disposed of by the prisoner at your bar; and having seen this, you will by the impatience of this criminal estimate the patience of the unfortunate women into whose injuries he refused to inquire. What he would not do the Commons have done. They know that you have a feeling different from that which he manifested on this occasion; they do not approach you suppliantly, but demand justice; they insist, that, as the Commons have done their part, your Lordships will perform yours.

We shall next proceed to show your Lordships how he acted towards another set of women, the women of the late Sujah Dowlah, and for whom the Directors had ordered a maintenance to be secured by an express treaty. You will see that he is cruel towards the weak s.e.x, and to all others in proportion as they are weak and powerless to resist him. You will see, I say, when he had usurped the whole government of Oude, and brought it into a servile dependence on himself, how these women fared; and then your Lordships will judge whether or not, and in what degree, he is criminal.

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